38

Panchayati Raj
|he tcm Panhayat1 Raj in India sig

T nifies the svstem of ural lo al self

govern ment. lt has been established in
all the states of lndia by the Acts of the state
3. All planning and development activities
should be entruscd to these bodies
4. The panchayat samiti should be the
Csecutive body while the zila parishad
legislatures to build democracv at the grass should be the advisory, coordinating and
root level' It is entrusted with rural develop supervjsory body.
mcnt. It was constítutionaliscd through the 5. The district collector should be the
73rd Ca0rsitutional Amendment Act of 1992/ chairman uf the zila parishad.
6. There shouid be a genuine transter
of power and responsibility to chese
EVOLUTION OF PANCHAYATIRAJ democratic bodies.,
Balwant Rai Mehta Committee, 7. Adequate resources should be translerred
to these bodies to enable them to dis
In January 1957, the Government of India charge their functions and fulfil their
iappoInted à com mittee to examine the responsibilities.
working of the Community Development 8. Asystem should be evolved to effect fur
Programme (1952) and the National Extension ther devolution of authority in future.
Service (1953) and to suggest measures for These recommendations of the commitee
their better working. The chairman of this were accepted by the National Development
committee was Balwant Rai G Mehta. The Council in January 1958, The council did not
commitree submitted its report in November insist on a single rigid pattern and left it to
1957 and recommended the establishment the states to evolve their own patterns suitable
of the scheme of democratic decentralisa to local conditions., But the basic principles
tion', which ultimately came to be known as and broad fundamentals should be identical
PanchayatiRaj. The specific recommendations throughout the country
made by it are: Rajasthan was the first state to establish
1. Establishment ofa threé-tier panchayati Panchayati Raj. The scheme was inaugurated
raj systemgram panchayatlat the vil. by the prime minister on October 2, 1959,
lage level,panchayat samiti at the block in Nagaur district. Rajasthan was followed
level and zila parishad at the district by Andhra Pradesh, which also adopted the
level. These tiers should be organicaly system in 1959. Thereafter, most of the states
linked th rough a device of indirect adopted the system.
elections. Though most of the statescreated panchayati
2. The village panchayat should) be consti raj institutions by mid 1960s,there were differ
tuted with directly elected representa ences from one state to anocher with regard to
tives, whereasthepanchayat samitiand the number of tiers, relative position ot samiti
zila parishad should be constituted with and parishad, their tenure, composition,
indiretly eleted members functions, finances and so on. For example,
 38.4 Indion Polity
try
Rajasthan adopted the three-ueLsystem while panchayats, that is, judicial panchayats to
Tamil Nadu adoptedthe (wo-tier system. West petty civiland criminal cases,,
Bengal, on the other hand, adopted the four
tier system. Further, in the Rajasthan-Andhra Study Teams and Committees
Pradesh pattern, panchayat samiti was power committees
ful as the block was the unit of planning and Since 1960, many study teams,
and working groups have heen
appointed to
development, while in Maharashtra-Gujarat functioning of
pattern, zila parishad was powerful as the examine the various aspects of mentioned
district was the unit of planning and devel Panchayati Raj system. They are
opment. Some states also established nyaya below in Table 38.1.

Table 38.I Study Teams and Committees on Panchayati Raj

Chairman
Year Name of fhe study Team Connittee

V.R. Rao
1. 1960 Committee on Rationalisation of Panchayat Statistics
S.D. Mishra
2 1961 Working Group on Panchayats and Cooperatives
V. 0swaran
3 1961 Study Team on Panchayati Raj Administration
4. 1962 Study Team on Nyaya Panchayats G.R. Rajgopal
Study Team on the Position of Gram Sabha in Panchayati Raj Movement R.R. Diwakar
5 1963
6 1963 Study Group on Budgeting and Accounting Procedure of Panchayati Raj M. Rama
Institutions Krishnayya
7 1963 Study Team on Panchayati Raj Finances K. Santhanam

1965 Committee on Panchayati Raj Elections K. Santhanam

8
B.K. Khanna
9 1965 Study Team on the Audit and Accounts of Panchayati Raj Bodies
Committee on Panchayati Raj Training Centres G. Ramachandran
10. 1966
11. 1969 Study Team on involvement of Community Development Agency and V. Ramanathan
Panchayati Raj Institutions in the Implementation of Basic Land Reform
Measures

12. 1972 Working Group for Formulation of Fifth Five Year Plan on Community N. Ramakrishnayya
Development and Panchayati Raj
13. 1976 Committee on Community Development and Panchayati Raj Smt. Daya Choubey

Ashok MehtaCommittee ID? -78 1. The three-tier system of panchayati

raj should be replaced by the two-tier
In December 1977, the Janata Government system, that is, zila parishad at the
appointed a committee on panchayati raj district level, and below it, the mandal
institutions under the chairmanship of Ashok panchayat consisting of a group of vil
Mehta. Itsubmitted its report in August 1978 lages with a total population of l5,000
and made 132_ ecommendations to revive to 20,000.
and strengthen the declining panchayati raj 2. A district should be the first point for
recommenda
system in the country. Its main decentralisation under popular supervi
tions were: sion below the state level.
 Ponchoyot Roj 385

3. 7ila parishad should be the exeutive could be taken on the recom mendations of
body and made responsible for planning the Ashok \1ehta Committee at the central
at the d1strict level, level. However, the three states oftkarnatake
4 There should be an official participa West Bengalland Andhra Pradeshtook steps to
tion of political parties at all levels of revitalise the pahchayati raj, keeping in view
pan hayat clections some of the recommendations of the Ashok
5 The panchayati raj institutions should NTehta Committa
have compulsory powers of ta xation to
mobilise their own financial resourcs,
6. There should be a regular 5ocial audithv G.VK. Rao Committee
adistrict level agency and by a commit The Committee to review the existing
tee of legislators to check whether the Admin istrative Arrange ments for Rural
funds allotted for the ulnerable social
Development and Poverty Alleviation
and economi groups are actually spent Programmes under the chairmanship of
on them.
7. The state
G.V.K. Rao was appointed by the Planning
government should not super Commission in 1985. The Committee came
sede the panchayati raj institutions. In to conclusion that the developmental process
case of an imperative supersession, elec was gradually bureaucratised and divorced
tions should be held within six months
from the Panchayati Raj. This phenomena of
from the date of supersessiona bureaucratisation of development administra
8. The nyaya panchavats should be kept tion as against the democratisation weakened
as separate bodies from that of devel the Panchayati Raj institutions resulting in
opment panchayats. They should be what is aptly called as 'grass without roots.
presided over by a qualified judge. Hence, the Committee made the followiving
9. The chief electoral officer of a state in
consultation with the chief election recommendations to strengthen and revitalise
the Panchayati Rajsystem:
commissioner should organise and con (i) The district level body, that is, the Zila
duct the panchayati raj elections!
Parishad should be of pivotal
in the scheme of democraticimportancei
10. Development functions should be
transferred to the zila parishad and all decentral
sation. It stated that "the district
development staff should work under its is the
control and supervision! proper unit for planning and devel
11. The voluntary agencies should play an opment and the Zila Parishad should
important role in become the principal body for manage
of the people for mobilising
the support
ment of all
12. A panchayati raj
minister for panchayati raj should which can bedevelopment
handled programmes
at that levek"
be appointed in the state council of (ii) The Panchayati Raj
ministers to look after the affairs of the instituuions
trict andlower levels should be at the dis
panchayati raj institutions, an important role with assigned
13. Seats for SCs and ST ning, respect to plan
on the basis of their should be reserved implementation and
rural development programmes monitoring ot
14. A
constitutional population)
recognition (iii) Some of the
accorded to the should be planning functions at the
state level should
tions. This would Panchayati Raj institu
give them the requisite
be
district level plannug ransterred to the
units tor ettective
status (sancity and stalure) and decentralized disrict planning
an
assurance of continuous funcuoning. (iv) A post ot Ditric
beDevelopment
Dueto the collapse of
before the completion he Janata
of its tem,Govemnment
Commissiane shaul
should act as the chiet created He
no acçon exeçuive
of the Zila
Parishad and should otticer
be in
38.6 Indian Polity

charge of all the development depart (i) The Panchayati Raj institutions should
ments at the district level. be constitutionally recognised, pro
(v) Elections to the Panchayati Raj institu tected and preserved. For this purpose,
tions should be hcldregularly. It found a new chapter should be added in the
that elections became overdue for one Constitution of India. This will make
or more ticrs in 1l state_. their identity and integrity reasonably
Thus the committee, in its scheme of and substantially inviolate. It also sug
decentralised system of field administration, gested constitutional provisions to ensure
assigned a leading role to the Panchayati regular, free and fair elections to the
Raj in local planning and development, It is Panchayati Raj bodies.
in this respect that the recommendation of () Nyaya Panchayats should be established
the G.V.K. Rao Committee Report (1986) dif for acluster of villages
fered from those of the Dantwala Committee (iii) The villages should be reorganised to
Report on Block-Level Planning (1978) and make Gram Panchayats more viable. It
the Hanumantha Rao Committee Report on also emphasised the importance of the
District Planning (1984).Both the committees Gram Sabha and called it as the embodi
have suggested that the basic decentralised ment of direct democracy.
planning function should be done at the dis (iv) The Village Panchayats should have
trict level. The Hanumantha Rao Committee more financial resources.
advocated separate district planning bodies (v) The judicial tribunals should be estab
under either the Di_trict Collector or a min lished in each state to adjudicate
ister. In both the models, the Collector should controversies about election to the
play a significant role in the decentralised Panchayati Raj institutions, their disso
planning though the Committee stated that lution and other matters related to their
Panchayati Raj institutions would also be functioning.
associated with this process (of decentralised
planning). The committee recommended Thuagen Commitee
that the Collector should be the coordinator, In 1988, a sub-committee of the Consultative
at the district level, of all developmental and Committee of Parliament was constituted
planning activities. Thus the, Hanumantha
under the chairmanship of P.K. Thungon
Rao Committee differed in this respect from to examine the political and administra
those of Balwantray Mehta Committee, the tive structure in the district for the pur
Administrative Reforms Commission of India,
the Ashok Mehta Committee and finally the pose of district planning. This committee
G.V.K. Rao Committee which recommended
suggested for the strengthening of the
Panchayati Raj system. It made the following
reduction in the developmental role of the recommendations:
District Collector and which assigned a major i. The Panchayati Raj bodies should be
role to the Panchayati Raj in development constitutionally recognized.
administration.
2. A three-tier system of Panchayati Raj
with panchayats at the village, block and
LM Singhvi Eemmistee ) district levels.
3. Zilla Parishad should be the pivot of the
In 1986, Rajiv Gandhi government appointed ,Panchayati Raj system. It should act as
a committee to prepare a concept paper on
'Revitalisation of Panchayati Raj Institutions the planning end development agency
in the district.
for Democracy and Development' under the
chairmanship of L.M. Singhvi. It made the 4. The Panchayati Raj bodies should have,
following recommendations. a fixed tenure of five years.
 PanchayatiRaj 387

8. Establishment of a State Finance

period of super session
5. The maximum Comm ission for the allocation of
be six months.
of a body should co-ordination finances to the Panchayats.
commit
6. A planning andset-up at the state level 9. Establishment of a State Election
tec should be minister Commission for the conduction of elec
under the chairmanship of the tions to the panchayats.
presidents of Zilla
for planning. The its members. The above recommendations of the Gadgil
Parishads should be Committee became the basis for drafting
Panchayati
Adetailed list of subjects forincorporated an amendment bill aimed at conferring the
Raj shouldbe prepared and Constitutional status and protection to the
in the Constitution. Panchayati Raj institutions.
the threc-tiers
8. Reservation of seats in all
should be on the basis of population.
for Constitutionalisation
There should also be reservation
WOmen.
commission should be Gandhi
Rajiv Gandhi Government The RajivConstitu
A state finance
set-up in each state. It would lay
down Government introduced the 64th
in
the criteria and guidelines for the
devo tional Amendment Bill in the Lok Sabha
raj
lution of finances to the PanchayatiRaj July 1989 to constitutionalise panchayati
institutions and make them more powerful
institutions. Sabha
10. The district collector shouldbe the
chief and broad based. Although, the Lok
executive officer of the Zilla Parishad. passed the bill in August 1989, it was not
approved by the Rajya Sabha. The bill was
Gadgil Committee vehemently opposed by the Opposition on
the ground that it sought to strengthen cen
The Committee on Policy and Programmes tralisation in the federal system.
was constituted in 1988 by the Congress party
under the chairmanship of V.N. Gadgil. This VPSingh Government The National Front
committee was asked to consider the question Government, soon after assuming office in
of "how best Panchayati Raj institutions could November 1989 under the Prime Minister
be made effective". In this context, the com ship of V.P. Singh, announced that it wouid
mittee made the following recommnendations: take steps to strengthen the panchayati raj
1. A Constitutional status should be bestowed institutions. In June 1990, a two-dav confer
on the Panchayati Raj institutions. ence of the state chief ministers under the
2. A three-tier system of Panchayati Raj chairmanship of V.P. Singh was held to £is
with panchayats at the village, block and cuss the issues relating to the strengthening
district levels.
of the panchayati raj bodies. The conference
3. The term of Panchayati Raj institutions approved the proposals tor the introduction
should be fixed at five years.
4. The members of the Panchayats at all the
of a fresh constitutional amendment bìl.
Consequently, a constitutional amendment
three levels shouldbe directly elected. bill was introdåced in the Lok Sabha in Sep
5. Reservation for SCs, STs and women.
tember 1990. However, the tall of the govern
6. The Panchayati Raj bodies should have
ment resulted in the lapse of the bill.
the responsibility of preparation and
implementation of plans for socio Nara_imha Rao Government The Congress
economic development. For this purpose, Government under the prime ministership
a list of subjects should be specified in of PV. Narasimha Rao once again consid
the constitution. ered the matterofthe constitutionalisation of
7. The Panchayat Raj hodies should be panchayati raj bodies. It drastically modi
delete
empowered to levy, collect and appropri fied the proposals in this regard to
ate taxes and duties.
the controversial aspects and introduced a
 38.8 Indian Polity

constitutional amendment bill in the Lok The act is a

Sabha in September, 1991. This bill finally evolution significant landmark in the
of grassroot
emerged as the 73rd Constitutional Amend in the democratic
country. It transfers the institutions
1nent Act, 19g92 and came into force on 24 democracy into participatory representative
April, 1993 a
revolutionary
at the concept to democracy. It is
builddemocracy
grassr0ot level in the country.
73RD AMENDMENT ACT OF 1992
Salient Features
Significance of the Act
The salient features of the act are:
This act has added a new Part-IX to the
Constitution of India. This part is entitled as Gram Sabha The act provides for a
The Panchayats' and consists of provisions Sabha as the foundation of the Gram
from Articles 243 to 243 O. In addition, the raj system. It is a body panchayati
act has also added a new Eleventh Schedule consisting of
registered in the electoral rolls of apersons
to the Constitution. This schedule contains 29 comprised within the area of Panchayat village
functional items of the panchayats. It deals the village level. Thus, it is a at
with Article 243-G. bly consisting of all the village assem
The act has given a practical shape to in the area of a registered voters
Article 40 of the Constitution which says that, panchayat. It may exercise
such powers and perform such functions
The State shall take steps to organise village the village level as the at
panchayats and endow them with such legislature of a state
and authority as may be necessary to powers determines.
enable
them to function as units of
self-government." Three-Tier System The act provides for a
This article forms a part of the three-tier system of panchayati raj in every
Directive
Principles of State Policy. state, that is,panchayats at the village,
The act gives a constitutional status to the diate, and district levels.Thus, the actinterme
panchayati raj institutions. It has about uniformity in the structure ofbrings
them under the purview of the brought chayati raj throughout the country. However,
pan
part of the Constitution. In other justiciable
words, the a state having a population not
state governments are under exceeding 20
constitutional
obligation to adopt the new panchayati raj lakh may not constitute panchayats at the
svstem in accordance with the intermediate level.
provisions of
the act. Consequently, neither the
of panchayats nor the formation Election of Members and Chairpersons All
holding of elections at
regular intervals depend on the will of the the members of panchayats at the village,
state government any more. intermnediate and district levels shall be
The prOvisions of the act elected directly by the people. Further, the
into twO can be grouped chairperson of panchayats at the intermedi
tary. The categories-compulsory
compulsory (mandatoryand volun
or obliga
tory) provisions of the act have to
åte and district levels shall be elected indi
rectly-by and from amongst the elected
in the state laws be included
members thereof. However, the chairperson
raj system. The creating the new panchayati of a panchayat at the village level shall be
other hand, may voluntary
be includedprovisions,
at the
on the, elected in such manner as the state legislature
of the states.
of the act Thus the voluntary discretion determines.
ensures the right of theprovisions
take local factors states to The chairperson of a panchayat and other
like members of a panchayat elected directly or
administrative
while adopting and
geographical,
others, into politico indirectly shall have the right to vote in the
the new consideration
panchayati raj system. meetings of the panchayats.